Warner Bros TV is making another incision to stop the legal exhumation of The Pitt , and whether or not the Noah Wyle -starring Emmy-winning medical drama is a rip-off of ER from going to trial.

“There was no evidence that The Pitt was made by copying from or using ER, so there was no evidence that The Pitt was ‘derivative’ of ER —even if the copyright test for a ‘derivative work’ does not apply,” declares an appellants’ opening brief filed late Tuesday by WBTV , Wyle, John Wells , R. Scott Gemmill and others.

“This case provides a quintessential example of why anti-SLAPP exists,” the filing states, hoping to see the L.A. Superior Court ruling from earlier this year overturned or the whole case thrown out. “Plaintiff is misusing the judicial system to try to shut do

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